The appellant had been convicted of an offence contrary to section 1 of the 1964 Act, of having been found in possession of drugs. Held: (Reid dissenting) The prosecution had only to prove that the accused knew of the existence of the thing and that it was in general not a defence for him to … Continue reading Warner v Metropolitan Police Commissioner: HL 1968
After a judge’s ruling as to strict liability for the possession of a prohibited weapon, the defendants pleaded guilty. They now appealed against conviction. The judge had sentenced them on the basis that liability for possession was strict. Held: Parliament had intended to impose a draconian prohibition on the possession of firearms for the obvious … Continue reading Deyemi and Another, Regina v: CACD 13 Aug 2007
The Court was asked whether an electric stun gun is capable of being a firearm for the purposes of section 5(1A)(a) of the Firearms Act. Held: The judge’s ruling should have been that a stun gun disguised as a torch is capable of being a firearm within the meaning of the Act. Citations: [2007] EWCA … Continue reading Weaver, Regina v: CACD 10 Oct 2007
Judges: The Lord Burnett of Maldon Lord Chief Justice of England and Wales Mr Justice Sweeney And Mrs Justice Heather Williams Citations: [2022] EWCA Crim 463 Links: Bailii Statutes: Firearms Act 1968 5(1)(b) Jurisdiction: England and Wales Crime Updated: 30 April 2022; Ref: scu.675604
the issue was whether the conduct relied upon as justifying extradition to Poland would constitute a breach of UK law. The allegation was possession of a gas gun without the required licence. The relevant UK offence was said to be a breach of section 5(1)(b) of the 1968 Act. The expert said there was nothing … Continue reading Turek v Regional Court In Gliwice Poland: Admn 2011
Appeal from conviction on 22 counts of possessing, purchasing or acquiring, manufacturing, selling or transferring a prohibited weapon, contrary to section 5(1) (b) of the Firearms Act 1968. He had sold guns which were incapable of firing bullets, but the blockage of the barrel allowed the discharge of irritant gases and hot burning gases fired … Continue reading Regina v Rhodes: CACD 20 Jan 2015
Short term possession of stun gun The appellant challenged the decision of the justices finding him guilty on summary conviction of an offence of possession of a weapon designed or adapted for the discharge of electrical current for incapacitation contrary to s. 5(1)(b) and Schedule 6 of the Firearms Act 1968. The weapon, namely a … Continue reading Jenkins v Director of Public Prosecutions and Another: Admn 22 May 2020
Renewed application for permission to apply for judicial review of a decision of the Crown Prosecution Service to continue with the prosecution of the claimant in relation to conspiracy to supply something over 200 kilos of cannabis resin, and four offences under section 5(1)(b) of the Firearms Act 1968 in relation to the purchase of … Continue reading Hamberger, Regina (on The Application of) v Crown Prosecution Service: Admn 20 May 2014
The defendant who lived in Oxfordshire stored his guns at his mother’s property in Surrey because it was more secure. The magistrates held that he was not in possession of the guns in Oxfordshire. The prosecutor appealed. Held: The appeal succeeded. May J said: ‘In my opinion the purpose of section 1 of the Act … Continue reading Sullivan v Earl of Caithness: QBD 1976
